CASE COMMENTS: PROCEDURES – STATE AIDS – ACTION PENDING BEFORE NATIONAL COURTS

Interest in bringing proceedings: The Court of Justice of the European Union considers that the existence of an action for damages pending before a national court gives the competitor of the aid beneficiary an interest in acting but not locus standi against the decision of the European Commission not to recover that aid (Mory, Mory Team and Superga Invest)

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. Between 2001 and 2012, the Commission adopted three decisions on certain aid granted to the Sernam group, operating in the mail sector, until it was taken over by Geodis (La Poste group). The first decision, in 2001, approved restructuring aid. The second decision, in 2004, confirmed the compatibility of this aid with the internal market under certain conditions and noted the existence of additional aid, considered incompatible and to be recovered by the French State. After initiation of the formal investigation procedure, the third decision, in 2012, established the illegality of aid granted to the Sernam group under the second decision. At the

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Alexandre Lacresse, Interest in bringing proceedings: The Court of Justice of the European Union considers that the existence of an action for damages pending before a national court gives the competitor of the aid beneficiary an interest in acting but not locus standi against the decision of the European Commission not to recover that aid (Mory, Mory Team and Superga Invest), 17 September 2015, Concurrences N° 1-2016, Art. N° 77917, pp. 174-175

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